Chinnaiah, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2015

CORAM:

THE HONOURABLE MS.JUSTICE V.M. VELUMANI W.P.(MD) No.16377 of 2013 and M.P(MD).No.1 of 2014 Chinnaiah : Petitioner Vs.

1. The District Collector, Trichy, Trichy District.

2. The Thasildar, Manapparai, Manapparai Taluk, Trichy District.

3. Nallathambi

4. Duraisamy 5.Chinnakannu 6.Parveen 7.kandhan 8.Chidambaram : Respondents.

Prayer: This Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to consider and pass appropriate order on the petitioner's representation dated 09.02.2012 follwed by representation dated 15.07.2013 by conducting an enquiry after affording reasonable opportunities to both the parties within a time frame as fixed by this Court.

For petitioner : No appearance For R1 and R2 : Mr. M. Alaguthevan Special Government Pleader

O R D E R

This Writ Petition is filed seeking a direction to the second respondent to consider and pass appropriate order on the petitioner's representation dated 09.02.2012 follwed by representation dated 15.07.2013 by conducting an enquiry after affording reasonable opportunities to both the parties within a time frame as fixed by this Court.

2. No representation for the petitioner. Heard the learned Special Government Pleader appearing for the respondents 1 and 2. https://hcservices.ecourts.gov.in/hcservices/

3. This Court by order dated 04.10.2013, dismissed the writ petition for non-prosecution. Subsequently, by filing petition, this Court restored the writ petition by order dated 21.03.2014. Even after restoration of the Writ Petition, on 07.04.2014 and 29.04.2014, there was no representation for the petitioner. Today also there is no representation on behalf of the petitioner.

4. According to the petitioner, he is owner of land in S.No.417 and 417/4 at Thottiyampatti Village, Manapparai Taluk, Trichy District and Patta was issued to him. He went to Chennai for taking treatment. In his absence respondents 3 to 8 got patta changed in their joint name. He gave a representation for cancellation of joint patta issued in the name of the respondents 3 to 8. No order was passed. Therefore, the petitioner has come out with the present writ petition.

5. The petitioner approached this Court for cancellation of joint patta issued in the names of the respondents 3 to 8. As per the provisions of the patta Passport Act, the petitioner has to approach the concerned authority to cancel patta issued in the name of third parties.

6. In the circumstances, the Writ Petition is not maintainable. Accordingly, the same is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The District Collector, Trichy, Trichy District.

2. The Thasildar, Manapparai, Manapparai Taluk, Trichy District.

+1cc to The Special Government Pleader, Madurai SR.No.48510 W.P.(MD) No.16377 of 2013 and M.P(MD).No.1 of 2014 20.08.2015 trp NS/SKS-RR/11.09.2015 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/